Issue:
Does the Central Board of Direct
Taxes (CBDT) have the power to amend legislative provisions through a Circular?
Facts:
The CBDT had issued a Circular
invoking the powers under Section 119 of the Income-tax Act, 1961. The Circular
amended the provisions contained in Rule 68B of the Second Schedule to the
Income-tax Act, 1961 relating to time limit for sale of attached immovable
property.
Supreme Court’s Decision: The
Supreme Court observed that the CBDT does not have the power to amend
legislative provisions in exercise of its powers under section 119 of the
Income-tax Act, 1961 by issuing a Circular. The Supreme Court, accordingly,
quashed the circular for being ultra vires.
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